• Self Defense by Arms licensed for sport

I have a hand gun licensed for sport purpose. If there will be a situation that I have to defense / protect myself or my family or my properties do I use my gun for protection ?
Asked 7 years ago in Criminal Law
Religion: Hindu

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14 Answers

See if the situation is such that the sports gun is used for self defence then in that case you can defended in the court gravity of threat and defence used in that case has to be seen . In ordinary circumstances you cannot use same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi you can use anything for your SELF DEFENCE

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes you can. But you will have to prove that you used it for protection/defence and not for attack.

You may be arrested and released on bail. Once the case comes to the court, then you will have to prove your innocence.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Hello,

Yes, you can only if your action don't become an overt act .

 

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

The law clearly states that a licenced firearm or hunting arm or sport arm can only be used where it is safe to use and for a lawful purpose. If you own a firearm for self-defence, you can only use the weapon to defend your life against an unlawful attack.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The object of the Arms Act is self-defence. The grant of Arms license is a privilege conferred by the Act.

 

2) you can use gun licensed to you for sports purposes 

 

3)if there is threat to your life   apply for licence for "protection of person or property and private security

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

Please go through sections 96-106 of the IPC.

REGARDS

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

yes you can use that for self defence.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

delhi HC  has held One does not have a fundamental right to keep a weapon 

 

2) it held that that the object of the Arms Act was to ensure that weapons are available to citizens for self defence, but it "does not mean that every individual should be given a licence" to possess a weapon. 

 

3) "The object of the Act is self-defence. The grant of Arms license is a privilege conferred by the Act. There is no fundamental right of an individual to hold an arm (weapon). 

4) Are there  any circumstance that could create a perception that there is a threat to your  life.?

"License to hold an arm is to be granted where there is a necessity for the same and not merely at the asking of an individual at his whims and fancies," 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Under  section 96 to 106 of Indian Penal Code 1860 private defence is there can refer same.

Future read the article for clearly.

https://www.google.com/amp/s/blog.ipleaders.in/privathe-defence-under-ipc/amp/

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are at liberty to take any appropriate means to defend your or your family's life and property including use of yoiur licensed fire arm.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Section 96 to 106 of  IPC empowers an Indian to defend himself by commiting certain acts which otherwise shall be considered as offence.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You go through the conditions that have been signed by you by which you may have to adhere while using the gun.

You cannot violate the conditions or your gun license will be cancelled.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Getting a Gun License in India comes under the Arms Act of 1959. Civilians or citizens of India who want to own a gun are allowed to purchase only NPB guns ( Non- prohibited bore). This Act allows the civilians to get a gun license if they have a major threat towards their life.

Self-defense is stated as one of the major reasons why most people in India wants a gun and it is accepted also. One can also ask for a gun license if he/she wants protection from the wild animals.

  • If the person during the course of getting a gun license, suppresses or does not convey the right material facts for obtaining the gun license then the officials can cancel the license. The officials can also suspend a gun license for a particular period of time.

  • The license officer can suspend a gun license if he is satisfied that the owner of the gun has prohibited certain provisions under the act.

  • They can also suspend gun license if there is a threat in the public space and also if the delivery of the weapon is not done after the end of the license term.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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